How to Subpoena a Witness for BC Small Claims Court (Form 5)

Your neighbour saw the contractor abandon the job site. Your bank manager can confirm the wire transfer. A former employee watched the defective product arrive. They all said they would help — but "said they would" and "legally obligated to appear" are different things, and only one of them matters on trial day.

In BC Provincial Court small claims ($5,001–$35,000), you compel a witness to attend trial by serving a Summons to Witness (Form 5). Here is how the process works, what it costs, and where people get tripped up.

When You Actually Need a Summons

Not every witness requires one. If someone is willing to appear voluntarily, you can simply coordinate their attendance on the trial date. A summons becomes necessary when:

• The witness is reluctant or non-committal
• Their employer requires a court order before granting time off
• You need to guarantee their appearance because their testimony is essential to your case
• A witness with relevant documents is important; ask the registry whether and how the summons can require the witness to bring them

If a summoned witness does not appear, tell the judge and ask how the court will proceed.

Step-by-Step: Obtaining and Serving Form 5

1. Obtain the form. Download the Summons to Witness (Form 5) from the BC Provincial Court forms page or pick up a copy at your court registry.

2. Complete the form. Fill in the court file number, trial date and time, and the witness's full legal name. If you want the witness to bring documents, ask the registry how to describe that request.

3. File at the registry. Submit the completed form to the court registry where your file is located. The statutory fee is $25 per summons under Schedule A of the Small Claims Rules.

4. Serve the witness personally. A Summons to Witness must be served personally at least 7 days before the trial date. Check the court's current instructions for who may serve it.

5. Include witness attendance money. When you serve the summons, you must also provide the statutory witness attendance money under Schedule A of the Small Claims Rules. Check the current amount and payment method with the registry.

6. Keep proof of service. A Certificate of Service (Form 4) records when, where, and how a document was served. Ask the registry whether it must be filed and when.

What Happens If the Witness Ignores the Summons

If the witness does not appear despite service, tell the judge and ask for directions. The court decides how to proceed.

If the summons was not served personally at least 7 days before trial, the service requirement has not been met. Contact the registry promptly for directions.

Expert Witnesses and the 30-Day Report Rule

If you plan to introduce expert opinion evidence (a contractor's professional assessment of defective work, an appraiser's valuation), Small Claims Rule 13 adds a separate requirement: the written expert report must be served on all opposing parties at least 30 calendar days before trial. This is independent of the witness summons — you need both the report delivery and the Form 5 summons if you want the expert to testify in person.

Common Mistakes

• Serving too late. The summons must be served at least 7 days before the trial date. Do not leave service to the last available day.
• Forgetting attendance money. Include the statutory witness attendance money when you serve the summons.
• Summoning the wrong person. If you need corporate records, ask the registry who should be named and how to request the documents.

Tying It Together

The witness summons is one piece of trial preparation. If you are filing a claim between $5,001 and $35,000 in BC Provincial Court and want a step-by-step system covering forms, service tracking, evidence organization, and the deadline calendar, the BC Provincial Court Small Claims Guide walks through every stage from demand letter to enforcement.

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